JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 15, 2010 - 9:00 a.m.

MOVED TO ROOM 100 STATE HOUSE*

 

*Room 103 State House is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

Peter E. Bragdon (Alt.)

David H. Kidder (Alt.)

 

 

The times and order specified for the agenda and items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

 

 

1. 9:00 am Convene and Review Minutes

8. 9:45 am INT 2010-6 Env-Ws

 

9. 10:00 am FP 2010-39, INT 2010-7,

Consent Agenda

FP 2010-38, & ER Saf-C

2. 9:05 am Final Proposals

10. 11:00 am FP's 2010-54 & 17 Ban

3. 9:10 am Objection Responses

11. 12:00 pm Disc. on Manual

4. 9:12 am Preliminary Objections

12. 12:30 pm LUNCH BREAK

 

13. 1:30 pm OR's 2008-165 & 166 Mhp - To be

Regular Agenda

postponed

5. 9:13 am Postpone Items

 

6. 9:15 am FP's 2010-26 He-C & 2010-59 He-W

Other Business

7. 9:30 am FP 2010-24 Nuh

14 2:30 pm Other

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1. Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

 

CONSENT AGENDA

 

2. Committee Approval of Final Proposals:

 

 

(a) FP 2010-48

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Amendments Relating to Proposed Env-Dw 720 Inspections; Significant Deficiencies

(JLCAR Deadline August 16, 2010.)

 

 

(b) FP 2010-49

Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs
Inspections: Significant Deficiencies

(JLCAR Deadline August 16, 2010.)

See * below

 

 

* The only issue with this final proposal is that there is a concern regarding a potential violation of Part 1, Article 28-a of the N.H. Constitution, but these rules appear to implement a pass-through of federal requirements.

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(a) ROR 2009-176

Approval

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline September 7, 2010.)

 

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated. Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved. No further Committee action is required in that case.

 

Conditionally Approved June 25, 2010:

 

 

FP 2010-33

DEPARTMENT OF EMPLOYMENT SECURITY

Overpayment Without Fault,; Waiting Week

(Response received 6-29-10 and confirmed 6-29-10.)

 

 

FP 2010-35

DEPARTMENT OF EMPLOYMENT SECURITY

Termination of Employment

(Response received 6-29-10 and confirmed 6-29-10.)

 

 

REGULAR AGENDA

 

5. Consider postponing action on certain items to another meeting.

 

 

6. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2010-26

Objection

Commissioner
Submission of Health Care Facility Financial Data

(JLCAR Deadline July 19, 2010.)

(Formerly Item 9.(b) on 6-18-10 and 6-25-10 agendas.)

 

 

(b) FP 2010-59

Conditional Approval

Former Division of Human Services

Food Stamp Employment and Training Program

(JLCAR Deadline August 16, 2010.)

 

 

7. FP 2010-24

Conditional Approval

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
Explanation After Adoption of Rules, License Application Procedures, Disciplinary Matters Including Fines, Continuing Education Standards, and Ethical Standards

(JLCAR Deadline August 2, 2010.)

 

 

8. INT 2010-6

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water
Lead and Copper Corrosion Control

(JLCAR Deadline September 23, 2010. Most of the existing rules will expire August 2, 2010.)

 

 

9. DEPARTMENT OF SAFETY

 

 

(a) FP 2010-39

Approval with Understanding

Various Voluntary Certification of Oil Heating Technicians Rules

(JLCAR Deadline August 2, 2010.)

 

 

(b) INT 2010-7

Approval with Understanding

Interim Various DNA Database Records Rules

(JLCAR Deadline September 30, 2010. Existing rules will expire August 17, 2010.)

 

 

(c) FP 2010-38

Conditional Approval

Display Fireworks Rules

(JLCAR Deadline August 16, 2010.)

 

 

(d) Discussion on emergency rule effective July 1, 2010:

No Further Action

 

 

Doc. #9750

Saf-C 5017.02(a)

Emergency Distance from Audience Firework Rule

 

 

10. BANKING DEPARTMENT

 

 

(a) FP 2010-54

Approval

Trust and Banking Companies

(JLCAR Deadline August 16, 2010.)

 

 

(b) FP 2010-17

Conditional Approval

Fidelity Coverage Requirements

(JLCAR Deadline August 16, 2010.)

 

 

11. Discussion on status of amendments to Drafting and Procedure Manual for Administrative Rules.

 

 

12. LUNCH BREAK

 

 

13. BOARD OF MENTAL HEALTH PRACTICE Agency requests postponement to 8-19-10 Meeting

 

 

(a) OR 2008-165

Postponed to 8/19/10 Regular Meeting

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b) OR 2008-166

Postponed to 8/19/10 Regular Meeting

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

OTHER BUSINESS

 

14. Other